Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-12-07
THE DRUMMER TAX.
The Decision in the Famous Stockton
Case is Delivered by Judge
Sabin at Galveston,
The Law Under Which He Was Arrested
is d, clsred VOin and the Prls-
Oner is Released.
The State License Law is Obnoxious to the
OOnstifutiOn of the United States
and is Therefore Void.
Special to the Gazette.

SpSCl1l 10 th6 ShZeltSs
GALVESTON, TEX, Dec. 6.-The decis-
ion in the famous Stock on h .beas corpus
drumm-rs AK case, which has been
awaited with such great interest by al
traveliag en- throughout the southwest,
was rendered to-day by Judge Saoin of
the United States District court. The
decision is gres Y, tory for the drum
mers. Stockton Is discouraged from Gus
tody, ana the law uader which he was
arrested is declared void and unconstitu-
tiOnal, as fsr as Il relates 20 travelling
men WI. represent firms residing N other
states. The decision does nor sDply to
frummers representing Texas houses.
Following Is the decision anQ the decree
en- cred in RE case.
EX-partg r bert G. Stockton, hsbeas
corpus. This IS an pJficauO1 Of j0ert
Stockton, 8 cilIzau Of Missouri, to De re-
leased from custody and imprisonment OF
| NJ. 0. MeadUr, constable Of Precinct No.
l, Smith county, Texas, who holds him
uGjusJly and laTiulIy and in violation
of the constitution of the United States.
a. il is alleged on 8 Charge TO the feet
that Stockton, on November l, 1887, in
the county OF Smith, state OF Texss, dad
then and there unlswfully pursue the oC-
CupsriJn Of q commercial traveller. The
said occupation being taxed by law and
the said Robert G Stockton did Then
and there unlawlul!y aud willfuly
fail and refuse TO exhibit 10 NJ O. MeadUr,
! C0nsyeble in and for precinct N. l,
Smith county, Tex, upon demand there
for, thea and there duly made by said
fl ;er Of said r G. Stockton, receipt OF
| the Comptroller Of Public Acc UNITS snow
| ing the payment Of tue 0CCU patton tax due
/ by said r c.. Stockton to said state upon
said occupation, Against the peace and
digui5y Of the state. The petitioner
claims that ne is citizen Of the United
! States aGd has been a citizen of the
state of Missouri for over FIVE
| years and was such at he time Of
| the arrest complained Of, aud when
! arrested was only temporarily in Texas
and Wss engaged il selling goods by
! sample for the wholesale house Of W. A ,
/ Wilson & Co OF K .nsa3 City; that ssid
/ " a. Wilson & CO have no business
/ house ia rexss; that each MEMBER of
J said firm is c resident and CitizeUS Of
i Kansas CiGF, No, and Of the United
| States, eu0 lhst ne applicant is enEsged
/ in what is commonly known as drumming,
/ . A.
and no other firm, selling their goods and
/ taking o rdeTs by sample which he carries
| win him, and f'iog said orders By
shipping the gOoGs from Missouri into
| Texas 10 those IrJm whom ne secures
| orders; that on the said ST day Of No
! Vember ne was 80 engaged IN selling such
goods woen he was approached by said
| MesCOr and requested 20 exhibit to him
! ? h.. = { ~ D1D 10
! Accounts showing payment Of Occupsti z
ak 6y ann as e CJmm- rci4l Traveller aud
upon mis- failure to eXhiOjJs such receipt ne
vas then and there and thereafter arrest
ed by said MeadOr By virtue of q warrant
upon the charge herein set forth. The
petitioner claims that ne has not nor ever
| nad the receipt referred to snG
that he is uDjusJly and uulaWfUlly de-
tanned by said MeadOr in violation of the
Constitution Of the Uniled States in that
the law of the state of Texas, upon which
such prosecution is founded SO far as il
e Cts the Comolainant, is ia conflict
wi h the constitution If tie Uuited
| States, which gives to Congress the ex-
elusive Tighg TO regulate commerce be-
ween the states. Therefore he prays to
o. relieved from said unlawful detention
and imprisonment, and for g writ Of
| haQess corpus and the seton Of this
court therein. The prosecution was on
Inform .tiOa OF the County At
tOrney of Smith bounty,
based upon the affidavit of
Mr.. MeadOr fled in the County court of
Smith county, Texas, upon which the
warrant Of arrest was issued by virtue Of
which the arrest was made The writ OF
hebr as COrDUs VAS in this b-b4lf from
this court, upon the spoIicstlon OF Stock
ton n W. mber 4, 1887, and served on
MeedOF NoveI1b 8, 1887, sDd TO which
ne made MS Te urn thereon JVember 7,
1887, in which he states that he nov here
DRUGS into his court the body OF the
within named r G Stockton and certIfes
that he holds said Stockton in duress
bV order Of the affidavit, information snd
cspiss, true copies If which sre attached
to the writ Of habess corpus herein. At
the instance of the Hon James S. Hogg,
Attorney General of the state Of Texas,
who had been At once furnished By urder